sections wise IT act

List of offences and the corresponding penalties:

Section

Offence

Description

Penalty

65

Tampering with computer source documents

If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.

Imprisonment up to three years, or/and with fine up to ₹200,000

66

Hacking with computer system

If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.

Imprisonment up to three years, or/and with fine up to ₹500,000

66B

Receiving stolen computer or communication device

A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.

Imprisonment up to three years, or/and with fine up to ₹100,000

66C

Using password of another person

A person fraudulently uses the password, digital signature or other unique identification of another person.

Imprisonment up to three years, or/and with fine up to ₹100,000

66D

Cheating using computer resource

If a person cheats someone using a computur resource or communication.

Imprisonment up to three years, or/and with fine up to ₹100,000

66E

Publishing private images of others

If a person capturee, transmits or publishes images of a person’s private parts without his/her consent or knowledge.

Imprisonment up to three years, or/and with fine up to ₹200,000

66F

Acts of cyber terrorism

If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, which the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.

Imprisonment up to life.

67

Publishing information which is obscene in electronic form.

If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

Imprisonment up to five years, or/and with fine up to ₹1,000,000

67A

Publishing images containing sexual acts

If a person publishes or transmits images containing a sexual explicit act or conduct.

Imprisonment up to seven years, or/and with fine up to ₹1,000,000

67B

Publishing child porn or predating children online

If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.

Imprisonment up to five years, or/and with fine up to ₹1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to ₹1,000,000 on second conviction.

67C

Failure to maintain records

Persons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.

Imprisonment up to three years, or/and with fine.

68

Failure/refusal to comply with orders

The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence.

Imprisonment up to three years, or/and with fine up to ₹200,000

69

Failure/refusal to decrypt data

If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person incharge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.

Imprisonment up to seven years and possible fine.

70

Securing access or attempting to secure access to a protected system

The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.

Imprisonment up to ten years, or/and with fine.

71

Misrepresentation

If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.

Imprisonment up to three years, or/and with fine up to ₹100,000

Global Cyber Crime Helpline Solutions LLP

It’s a first-ever online support system. It gives you an open virtual platform to discuss your Computer Crime, Cyber Crime, e- Crime, Social Media App Frauds, Online Financial Frauds, IPR consulting and so on related complaints.

Contact us for a Free Consultation at +919156111999 or write to us at complaints(at)cybercrimehelpline(dot)com